How to appeal fines for violating self-isolation and why you shouldn’t do it online

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Situations often arise when penalties for incorrect or unpaid parking are imposed on drivers who did not violate the rules. Employees of the traffic police and other responsible institutions sometimes make mistakes. Also, the fine system itself may fail by sending a notification receipt to the wrong recipient or for a different amount.

If the motorist is sure that he has not committed any violations, but has received a collection notice, he can appeal it directly to the sending organization itself or in court. Learn how to file a complaint about a parking ticket below.

The legislative framework

The main legal act regulating the rules for parking vehicles and the system of penalties for failure to comply with them is the Code of Administrative Offenses. This document contains the amount of penalties for a particular violation, as well as the procedure for their payment.

Motorists are advised to familiarize themselves with the following provisions of the Code of Administrative Offenses of the Russian Federation:

• Chapter 12 – about violations in which it is possible to pay only 50% of the amount of the penalty;
• Part 1.3 of Article 32.2. – about methods of paying half of the fine;
• Clause 1 of Article 30.3 – on the deadlines for appealing against illegal parking and other violations.

The imposition of penalties is entrusted not only to the traffic police, but also to other authorized authorities. For example, in Moscow, fines for unpaid parking in a paid parking zone are issued by the State Unitary Enterprise "AMPP" (State Unitary Enterprise "Administrator of the Moscow Parking Space"), and if the parking and stopping procedure is violated, the driver will receive a notification from MADI (Moscow Traffic Inspectorate).

Deadlines for appealing traffic police fines from cameras

The deadlines for appeal are strictly regulated. Resolutions imposing a fine for violating traffic rules recorded by a camera are sent by mail to the car owner's registered address.

An application to cancel a fine can be submitted within ten days from the date of receipt of the “letter of happiness”, i.e. resolutions. The date of receipt is calculated by the stamp on the envelope.

If you haven’t looked in your mailbox for several days, the date of receipt will still be considered the date stamped on the envelope by the postal employee on the day the letter was delivered. If the resolution is not received by the addressee, it is returned to the sender, and the date of delivery will be considered the date of return of the letter with the resolution. Therefore, to avoid unpleasant situations, we recommend that you independently check for fines on the traffic police website.

Appealing a fine

In order to challenge the imposed penalty, you first need to clarify which institution issued it - further steps depend on this factor:

• if the code begins with the numbers 782 (for a 20-digit combination) or 035604 (for a 25-digit combination) - this is a notification from MADI;
• if the numbers 780 or 0355 appear at the beginning, then the fine was imposed by the AMPP for non-payment of parking. Such notices are sent automatically;
• The combination of 188 starts with the codes for sanctions from the State Traffic Inspectorate.

Appeal algorithm

To appeal a traffic police fine through State Services, you will need to find evidence of your innocence (errors of the video recording center), and also spend a few minutes of your time filling out the appeal.

Registration on the public services portal

It is easy to access the user's personal account. All you need to do is enter some information:

• last name and first name;
• Mobile phone number;
• E-mail address.

A confirmation code will be sent to the phone number specified during registration to activate your account.

Next, you will need to fill out a user profile to access all portal services:

• passport series and number;
• TIN;
• SNILS;
• driver's license;
• place of residence;
• information about children;
• medical insurance, etc.

Appealing a fine

To appeal a traffic police fine from a camera through State Services you will need:

1. Log in to your personal account on the portal.
2. Find the corresponding section in the list of services. If you entered your driver's license and vehicle information when filling out your profile, the information will be displayed automatically. Otherwise, you will have to edit your profile.
3. The system will display all active protocols. If they are created based on video recording data and the name of the violation, next to the “Pay” button there is an “Appeal” button.

Drawing up an appeal

To send data for an appeal, you will need to fill out all the fields of the form that appears after clicking the “Appeal” button:

1. Name of company. to whom the application is addressed;
2. Full name of the applicant;
3. Method of receiving a response (written or electronic);
4. E-mail address;
5. Cell phone number.
6. Next you need to enter the text of the appeal. It briefly outlines the situation, the number of the controversial decision, as well as information about one’s own innocence.
7. Then you will need to add files confirming the essence of the request.
8. Enter the picture code on the screen.
9. Click the “Send request” button.

The following may serve as evidence of the vehicle owner’s innocence:

• data of witnesses confirming that at the specified time the vehicle was in a different place (full name, contact phone numbers for communication);
• files from the DVR;
• parking receipts;
• documents confirming the stay of the car owner and the vehicle in another locality;
• car sale agreement;
• technical expertise data;
• a copy of the statement about the theft of a car, dated earlier than indicated in the resolution, etc.

Which court to involve

If the car owner has to act through the court, then he should contact this authority directly at the place of the violation. It is stated in the received notice of payment of the fine. The driver must know the name of the street and number of the nearest house where he parked the car incorrectly, and find a court of general jurisdiction or a magistrate court near this place.

Attention: The statement of claim along with the necessary documentation must be submitted within 10 days from the date of receipt of the fine receipt, which must also be attached to the claim.

What is important to know about the appeal procedure

The procedure for appealing traffic and automobile fines from the State Traffic Safety Inspectorate is regulated by the Code of Administrative Offenses of the Russian Federation (the rules, deadlines and procedure for filing a complaint are prescribed). The legally established period for appealing an erroneously issued fine is 10 calendar days (counting from the next day after receipt of the notification). If you manage to file a complaint during this time, the decision to impose a fine will not come into force. Filing a complaint is free (no state fee is charged when using the State Services portal). The period for consideration of the application by an authorized employee is 10 days.

The deadline for paying the fine is 60 days . Afterwards, penalties are charged for each day of delay. In case of malicious evasion of payment, the case is likely to be transferred to the FSSP of the Russian Federation. If there is a large amount of debt, there may be a restriction on travel outside the Russian Federation. When paying in the first 20 days, a 50% discount . You can pay a fine through State Services without a fee (until June 23, 2021) if you use a MIR payment system card.

A missed appeal period can be restored through the court. You will need to provide documents confirming the impossibility of a timely appeal (sick leave, business trip, stay abroad, improper notification, etc.). The court is not obliged to grant a request to extend the appeal period. 1 month is allotted for consideration of the appeal.

If the fine was not issued through the use of surveillance cameras, then it should be appealed directly to the department that issued it (State Traffic Inspectorate, MADI, GKU AMPP, Rostransnadzor).

The reverse side of the resolution indicates where to send the complaint for appeal. An appeal is possible strictly at the place where the violation was committed. For example, a driver violated traffic rules in Sochi, but is permanently registered in Moscow. The complaint should be submitted to the appropriate traffic police department in Sochi.

How to appeal

To properly challenge a foreclosure notice you receive, you need to follow a certain procedure. It is presented below:

1. It is necessary to carefully review the fine receipt and find out which institution imposed the penalty.
2. Collect the required documents that will confirm the driver’s innocence: photos from the parking lot where there are no necessary road signs and markings that indicate a paid parking zone; arguments in favor of the fact that the car was in a different place at the specified point in time; receipts for payment for a parking session, etc.
3. Write a statement that describes the situation in detail and provides evidence of the motorist’s innocence.
4. Send a complaint with a set of documentation to the organization that imposed the fine or to the court. This can be done in person, by mail or online.
5. It is imperative to monitor the process of accepting documents. It is important that the request is officially recorded in the incoming correspondence log.

Complaints to the court against AMPP or MADI are filed when these authorities refuse to satisfy the application.

Conclusion

Currently, drivers cannot find out exactly who, how and why assessed their arguments and evidence about the unfairness of the complaint. Nevertheless, representatives of the capital’s MADI and the traffic police send refusals to satisfy complaints by mail or to the applicant’s personal account on the State Services website. If the traffic police does not satisfy the requirements, but the driver intends to prove that he is right, he has the right to file an application in court. It must be accompanied by a resolution on the violation itself, and the rest of the documentation is provided by the traffic police.

The period for consideration of an application in court takes about 60 days, but can last up to 6 months. In order to prevent a dubious fine from being enforced during the consideration period, you need to send the corresponding request to the traffic police in free form addressed to the head of the department.

Now the population is concerned about the question of how to challenge a traffic police fine through State Services, but in fact this service has not yet appeared. Last year, there were announcements in the media about the launch of a system for appealing unfair fines directly through the State Services website, but it did not fully work.

How to dispute via the Internet

Specialized online services provide the opportunity to appeal a fine from the AMPP or MADI. If a driver has received a notice of non-payment for parking or for parking in the wrong place in Moscow, then he can contact the Autocode portal.

How to use the Autocode website

First, you should go to the web portal avtokod.mos.ru and enter the number of the received parking fine notice in the appropriate column. This action will help you understand where the penalty was issued - MADI or AMPP.

Important: If the motorist has not appealed the fine within ten days after receiving it, he will need to write another petition - to extend the period for appealing the penalty. But for this you need to have good reasons.

After this, on the Autocode service you should indicate the argument that became the reason for filing the complaint. These include:

1. The car owner did not see the signs and markings about prohibited parking or paid parking due to their incorrect location.
2. The driver parked in an authorized place.
3. The motorist had to make a forced stop due to an accident or at the request of a traffic police officer.
4. The driver’s vehicle is listed as stolen, sold or transferred to another person for temporary use.
5. Parking was paid for, but the fine still came.
6. The driver has preferential conditions for parking: he has a disability, is a member of a large family, etc.

In what cases can a fine be appealed?

Through State Services, it is possible to challenge fines for violations recorded on the basis of video recording data (surveillance cameras). Fines issued by traffic police inspectors are appealed directly to the traffic police at the place where the violation occurred.

CCTV cameras record:

1. over speed;
2. failure to comply with road marking requirements (driving into the oncoming lane or at an intersection during a congestion, driving in the public transport lane, etc.);
3. violation of the requirements of road signs (parking or stopping in the wrong place, driving under a prohibiting sign, etc.);
4. unfastened seat belt (driver or passenger);
5. transporting a child in the front seat without a special seat;
6. improper parking;
7. turn from the second row;
8. driving through a prohibiting traffic light;
9. unpaid parking;
10. failure to give a pedestrian the right of way at a crossing, etc.

There are plans to “teach” cameras to track the absence of a compulsory motor liability insurance policy. The exact timing of the introduction of the innovation has not been announced.

Violations are recorded as follows:

• a video camera monitors violations;
• information is transmitted to the operator for verification (violations are determined, license plates are recognized);
• When a violation is detected, the data is transferred to the traffic police, the inspector issues a fine and sends a report.

At each stage, an error is likely to occur (human factor, technical failure). The most common are incorrect identification of the owner of the car and incorrect identification of license plates.

How to appeal a fine from AMPP

Appealing a fine from the AMPP is the most common situation among incorrectly issued penalties. This is due to the fact that the functioning of the control system for paying for paid parking has not yet been fully established. Therefore, failures happen quite often. Submitting an application follows the general procedure, but the driver will need to put in a lot of effort to speed up the entire process. GKU specialists have a very busy schedule, so they do not always answer calls and often do not meet the deadlines for considering complaints.

In order to challenge a fine from the AMPP, you must be persistent and patient. Sometimes it happens that the driver paid for the wrong parking space. In this case, it’s easy to figure out - just show the paid receipt to prove that you’re right.

Thus, the procedure for appealing an incorrectly issued parking fine is quite lengthy, as it is related to the work of government agencies. Therefore, drivers must clearly formulate the text of the application and attach a complete package of documents so as not to make adjustments in the future.

What to do if you found out about the fine from the camera too late?

If you find out that a fine has been imposed, but you have not received a decision, the period for appeal can be restored.

If you could not obtain a resolution for a good reason - for example, illness, being on vacation in another city or country, being on a business trip, at military training, etc., then when drawing up an application to appeal the fine, you must indicate this reason, attach supporting documents and apply for restoration of the period for appeal.

If the resolution was not received, because was not sent or was sent to an incorrect address - can be used as a basis for canceling the fine.

USEFUL : if you miss the deadline for appealing, do not forget about the possibility of reinstating it legally, watch the video about this for more details

How to check traffic police fines through State Services

The debt verification procedure begins with user authorization. The person logged into the system enters personal data that the service will require:

1. driver's license number;
2. PTS data;
3. Car model;
4. number of the car.

The system will send messages to the registered motorist every time he is issued a fine. The user is free to determine how to receive notifications - by phone or email.

Step-by-step instruction

Checking traffic police fines by state number on State Services begins with user login and authorization. The action can be carried out without full registration. The simplified procedure involves entering data:

• national passport number;
• number and year of issue of driving license;
• information about the car.

Information about the car is entered into the portal database as follows:

• After authorization, the user selects in the catalogue;
• clicks on the plus sign under the line “Add a vehicle”;
• the necessary information is entered into the window that opens;
• select the line “Car and traffic fines”.

After the system receives the request, fines are checked at State Services. Upon completion of the search, the program will provide information about the presence of debts. Lists of payments made and current penalties imposed will appear on the monitor screen. You can pay money right there, at State Services.

Is it possible to appeal a fine through State Services?

Modern cameras record many traffic violations, ranging from speeding to illegal parking.

Please note that the procedure for issuing a fine consists of two stages:

1. Computer processing of information, which involves recognizing car license plates and searching for drivers in databases;
2. Verification of information by traffic police officers and sending a fine to the addressee.

In practice, errors may occur at both stages due to both technical failure and human factor. The fact is that authorized employees rarely carefully verify information and completely trust the cameras.

If the sanction was sent to the wrong addressee, then the recipient of the receipt has the right to appeal the traffic police fines within ten days. You can send a complaint through State Services, this is one of the new methods, so let’s look at what it looks like step by step.